On Monday 14th February, Elkan Abrahamson, Director & Head of Major Inquests & Inquiries at Broudie Jackson Canter, and the Solicitor instructed to represent the Covid-19 Bereaved Families for Justice group in the Covid Inquiry, appeared on the Eddie Mair show on LBC Radio to share his thoughts on the Prime Minister’s right to finalise the Terms of Reference.
The Covid-19 Bereaved Families for Justice Group have shared their concerns about Boris Johnson’s right to interfere with the Terms of Reference. As the Prime Minister is currently under investigation, it would not be tenable for him to define the scope of the Inquiry, and the group, along with Elkan, are urging him to accept the Chair’s proposed Terms of Reference once they have been put forward.
Eddie Mair asks;
What do you think of the idea of Boris Johnson deciding the Terms of Reference?
“Under the Inquiries Act it’s up to the Minister who sets up the Inquiry to finalise the Terms of Reference. Boris Johnson has already said he is going to refer them to the Chair who herself will undertake discussions with the bereaved groups and no doubt will send another draft to the Prime Minister. I understand the Prime Minister has the power to finalise them, however our point is that under the circumstances it would be inappropriate for him to interfere with the Terms of Reference drafted by the Chair.”
Who should have that final say then?
“Legally the final say is with the Prime Minister, however in this case we say he should accede to the proposals made by the Chair.”
So, the Chair should make that decision and that decision should be final without interference from the Prime Minister?
“We would ask the Prime Minister not to interfere, he still has the power to do it, but he doesn’t have to.”
What is your concern? Is it that the Inquiry might be undermined if Boris Johnson has the final say?
“That’s the problem. The Inquiry has to have the trust and confidence of the people, otherwise it’s ineffectual, and for that to happen we think it’s important that the Prime Minister is not seen to be interfering with the Terms of Reference.”
What’s the latest on what we know of the Inquiry? When it might begin for example.
“As we understand it from the Prime Minister, he said it will be set up this Spring. Setting up doesn’t actually mean that the Inquiry hearings will begin, it means that the process for discovery begins. Its unlikely that any evidential hearings will begin this year.”
So, this might take many months or even years?
“It might and we’re keen for it to be as quick as possible. Inquiries have a tendency to drag on, often because a lot of people are invited to give evidence which is more or less the same, and we’re keen to avoid that and keen that the Inquiry is as quick as it can reasonably be while being as thorough as it needs to be.”
Earlier this year, Elkan Abrahamson submitted his proposed Terms of Reference for Government consideration. You can read them here.
If you’ve lost a loved one to Covid, it isn’t too late to join the Covid-19 Bereaved Families for Justice group and be part of this Inquiry. We are fighting for core participation status and striving to ensure that the bereaved families will be at the heart of this Inquiry, where they belong. Find out more about the Covid-19 Bereaved Families for Justice group.
Visit our Covid Inquiry FAQ page for answers to some of our commonly asked questions surrounding the Inquiry, next steps, how to instruct legal representation and more.